In most firms, it is the staff that handles the bulk of your case. You end up dealing with paralegals, assistants, or clerks instead of the lawyer you signed up with. At Pacific Family Law and Divorce, assistants may handle the paperwork and occasional informational calls, but most of the time, you will be working with your actual trial attorney.
Our office and family law attorneys have built the firm from the ground up with efficiency in mind. Paperless, custom-built data centers for instant access to all file information, and flexible communication by phone, email, and even secure instant messaging. We want you to be able to participate as part of the team in your case.
Far too many family law "mills" are out to settle your case as fast as possible so they can move on to the next. Pacific Family Law Firm was founded by lawyers who are used to the courtroom and don't run from it. If getting you the best outcome for your family law matter means taking the case to trial, we will do it. If you are ready for a trial, we won't back down either.
Under Oregon law, the father of a child born out of wedlock has no established parental rights until paternity (determination of the father) is established. Parental rights include the legal right to speak with the child's teachers, to view the child's medical records, participate in conferences with teachers, and far more. Further, unless and until the father establishes paternity, the unwed father cannot enforce a parenting pan with his child under the law. From the mother's perspective, she cannot receive a state-enforced order of child support from the father unless his paternity is first established. These are not issues for the married couple, as legally paternity is already lawfully in place by marriage; the law presumes paternity.
Historically determining paternity could be a costly and ultimately uncertain process. In recent years, the availability and improvement of inexpensive and fast DNA testing have changed the process. The definitive determination of paternity is now a matter of submitting a couple of blood or saliva samples. The process is a comparatively fast, inexpensive process with results that establish paternity with near certainty. Alternatively, paternity can be established by using a "paternity affidavit" may be used, where the mother makes a sworn statement acknowledging a man to be the child's father. If parents are working together, this process can be quite fast. If either party is denying or resisting paternity, other procedures that involve court involvement must be used. The process can be confusing, and having experienced legal guidance is essential. Contact an Oregon paternity lawyer today.
In Oregon, paternity can be established voluntarily by both parents signing a Voluntary Acknowledgment of Paternity (VAP) form at or shortly after the child's birth. Otherwise, it can be established through a court order via genetic testing or other evidence.
Paternity refers to the legal recognition of a man as the father of a child. Establishing paternity in Oregon ensures that the child has access to benefits such as child support, inheritance rights, and medical care. It also helps protect the father's parental rights and responsibilities.
As an alleged father in Oregon, you have rights such as due process during legal proceedings on establishing your paternity status; seeking DNA tests before admitting responsibility; disputing any claims made against you; and petitioning for custody or visitation rights once your status is confirmed.
If you wish to contest a paternity claim in Oregon, it is crucial to seek legal advice immediately. You will need to provide evidence that challenges the claim or request genetic testing if it has not been done yet. A family law attorney experienced in paternity matters can help guide you through this process.
Establishing paternity solidifies a legal relationship between the non-custodial parent (father) and their child which results in them being financially responsible for providing support. Child support obligations are decided based on Oregon guidelines, taking into account both parents' income, the child's needs, and any custody arrangements.
Yes, either party may request genetic testing when trying to establish paternity. If there's already an existing court order on file, you'll need to provide sufficient reason for requesting it. In cases where no determination has been made yet, either parent or even state agencies can request genetic testing.
Yes, paternity can still be established after the father's death in Oregon. Genetic testing may be utilized if samples from the deceased are available. Otherwise, courts may rely on other evidence such as written documents or witness testimony to determine paternity.
If you're uncertain about your paternity status, do not sign any documents acknowledging paternity until you've sought legal advice or undergone DNA testing. Signing such documents could make you legally responsible for supporting the child even if they're later proven not to be yours.
In Oregon, grandparents don't have specific rights, but do have the same rights as any other person who has established a parent-like relationship with a child. Under this framework, grandparents have the right to seek visitation with their grandchildren through a court order. However, they must prove that they have an established relationship with the child and that it is in the child's best interest to maintain contact. Parents' wishes and rights are given priority over those of grandparents.
The timeline for establishing grandparent rights varies depending on factors such as court schedules, case complexity and whether all parties are cooperative. It is essential to work with an experienced family law attorney who can guide you through the process efficiently.
While mediation is not always required before seeking a modification of your child support order, it can be helpful for resolving disputes amicably between both parties without requiring court intervention. Some courts may also mandate mediation depending on their specific guidelines.
In Oregon, grandparents have limited rights to request visitation with their grandchildren. If you can prove that it's in the best interest of the child and that an ongoing relationship exists or existed between grandparent and grandchild, you may petition for visitation rights through the court system.
Don't wait to address your family law matter. Time-sensitive issues require prompt attention to protect your rights and your family's future.
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ORS 107.097(2)
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(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, conforming to the requirements of ORS 109.767. (b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:
(A) Changing the child’s usual place of residence;
(B) Interfering with the present placement and daily schedule of the child;
(C) Hiding or secreting the child from the other party;
(D) Interfering with the other party’s usual contact and parenting time with the child;
(E) Leaving the state with the child without the written permission of the other party or the permission of the court; or
(F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.
(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.
(2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.
(3) A detailed parenting plan may include, but need not be limited to, provisions relating to:
(a) Residential schedule;
(b) Holiday, birthday and vacation planning;
(c) Weekends, including holidays, and school in-service days preceding or following weekends;
(d) Decision-making and responsibility;
(e) Information sharing and access;
(f) Relocation of parents;
(g) Telephone access;
(h) Transportation; and
(i) Methods for resolving disputes.
ORS 107.105 is a huge statute that provides detailed provisions governing not only the provisions of a divorce or separation judgment but also provisions regarding attorney fees. Rather than quote select parts, the statute may be reviewed in its entirety at the link below.
(1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required under subsection (9) of this section:
(a) Set aside, alter or modify any portion of the judgment that provides for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108 (Support or maintenance for child attending school), including any health or life insurance provisions, for the support of a party or for life insurance under ORS 107.820 (Support order as insurable interest) or 107.830 (Physical examination may be ordered);
(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the judgment;
(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;
(d) After service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108 (Support or maintenance for child attending school); and
(e) Set aside, alter or modify any portion of the judgment that provides for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph.
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(1) Except as provided in subsection (6) of this section, in determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment), the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:
(a) The emotional ties between the child and other family members;
(b) The interest of the parties in and attitude toward the child;
(c) The desirability of continuing an existing relationship;
(d) The abuse of one parent by the other;
(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.
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(1) If a child is born to an unmarried person and parentage has been established under ORS 109.065 (Establishing parentage), or if a child is born to a married person by a person other than the birth mother’s spouse and parentage between the person and the child has been established under ORS 109.065 (Establishing parentage), either parent may initiate a civil proceeding to determine the custody or support of, or parenting time with, the child. The proceeding shall be brought in the circuit court of the county in which the child resides or is found or in the circuit court of the county in which either parent resides. The parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.094 (Forms for restraining order and request for hearing) to 107.449 (Transfer of proceeding under ORS 107.135 to auxiliary court) that relate to custody, support and parenting time, the provisions of ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies) that relate to mediation procedures, and the provisions of ORS 107.810 (Policy), 107.820 (Support order as insurable interest) and 107.830 (Physical examination may be ordered) that relate to life insurance, apply to the proceeding.
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(1) Except as otherwise provided in subsection (9) of this section, any person, including but not limited to a related or nonrelated foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the custody, placement or guardianship of that child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for relief under subsection (3) of this section.
(2)(a) In any proceeding under this section, there is a presumption that the legal parent acts in the best interest of the child.
(b) In an order granting relief under this section, the court shall include findings of fact supporting the rebuttal of the presumption described in paragraph (a) of this subsection.
(c) The presumption described in paragraph (a) of this subsection does not apply in a proceeding to modify an order granting relief under this section.
(3)(a) If the court determines that a child-parent relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by a preponderance of the evidence, the court shall grant custody, guardianship, right of visitation or other right to the person having the child-parent relationship, if to do so is in the best interest of the child. The court may determine temporary custody of the child or temporary visitation rights under this paragraph pending a final order.
(b) If the court determines that an ongoing personal relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by clear and convincing evidence, the court shall grant visitation or contact rights to the person having the ongoing personal relationship, if to do so is in the best interest of the child. The court may order temporary visitation or contact rights under this paragraph pending a final order.
(4)(a) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award visitation or contact rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:
(A) The petitioner or intervenor is or recently has been the child’s primary caretaker;
(B) Circumstances detrimental to the child exist if relief is denied;
(C) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor;
(D) Granting relief would not substantially interfere with the custodial relationship; or
(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.
(b) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award custody, guardianship or other rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:
(A) The legal parent is unwilling or unable to care adequately for the child;
(B) The petitioner or intervenor is or recently has been the child’s primary caretaker;
(C) Circumstances detrimental to the child exist if relief is denied;
(D) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor; or
(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.
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Blended families are more common than ever before, yet stepparents may not automatically have the same rights as biological or adoptive parents. In this blog, we explore the complexities of stepparent rights in an Oregon divorce. We explain the psychological parent doctrine, provide evidence stepparents may need to overcome the presumption that a legal parent is in the child's best interest, and detail the rights of stepparents who have legally adopted their stepchild.
Read MoreChild custody is one of the most contentiously and contested issues in Oregon family law cases. Misconceptions about what "custody" actually means tend to meld with advice from well-meaning friends and family and with conflicting information from web sources that might not even reflect Oregon law. What's the difference between "sole custody" and "joint custody" in Oregon?
Read MoreThe Oregon Child Support Calculator is a tool that uses a set of guidelines to determine the "presumptively correct" amount of child support a parent is to pay or receive. The calculator considers factors such as the gross income of both parents, the number of children involved, and the amount of parenting time each parent has. Although the amount given by the calculator is considered presumptively correct, the Court has the authority to adjust the final amount based on other factors. In Oregon, child support is mainly paid through payroll deduction, but other payment methods are available.
Read MoreExplore how grandparents in Oregon can secure visitation rights and the legal standards they must meet to maintain a meaningful relationship with their grandchildren.
Read MoreExplore the complexities of Oregon child support calculations, including legal guidelines, income factors, and the use of the state's support calculator.
Read MoreIn Oregon family law cases, particularly those involving high conflict or serious concerns about a child’s well-being, courts may appoint a separate attorney to represent the child. This post explains when and how a child’s attorney is appointed, the difference between “best interests” and “express wishes” representation, and how the process varies across counties like Multnomah and Washington. If your child’s voice needs to be heard independently, understanding this legal option is essential.
Read MoreOregon mandates a parenting class for divorcing parents to support children's adjustment, integral to finalizing the divorce.
Read MoreThis comprehensive guide demystifies cash medical child support in Oregon, highlighting its role in covering a child's healthcare expenses when private insurance falls short. It explores the legal criteria for determining when cash medical support is necessary, including affordability and availability of private health insurance, underpinned by ORS 25.321 and OAR 137-050-0750. Through a hypothetical scenario, it illustrates how obligations are calculated to ensure children's healthcare needs are met equitably.
Read MoreWe are happy to meet with you for a flat-fee, discounted consultation. Call today.
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